Oireachtas Joint and Select Committees

Wednesday, 2 May 2018

Select Committee on Justice and Equality

Data Protection Bill 2018: Committee Stage

9:00 am

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Three of the amendments are relatively similar. I will echo the point made by Deputy Róisín Shortall, that the right call is being made about the digital age of consent. A great deal more is needed to ensure the safety online of children and the population at large which I have said in passing as it is not just children who are at risk online. There are advantages and disadvantages for us all. We all need to be more careful online, as well as enjoying the benefits of the online experience.

Three amendments deal with micro-targeting and data harvesting for the purposes of targeting young people. It is a vitally important and massive issue and it is welcome that the Minister has moved towards improving the obligation to have codes of conduct in that respect. There is a general issue about children on which we are all in agreement, that there is a need to ensure this exploitation and cynical targeting is brought to an end and that it will be an offence to engage in it. As I said, there are disadvantages and advantages for all of us and they need to be refined on Report Stage. It would probably be better to focus on profiling, but I take the point made about engaging in such practices for the purposes of financial gain. I will press my amendment and will support the others.

The Minister has outlined the conflict with the GDPR which Deputy Jim O'Callaghan has accepted to a large extent. Everyone has to take serious cognisance of the possibility of fines or regulatory action by the European Union. We have to take that issue seriously, but it is not enough to flag it in general. It is not clear to me how it could be in conflict with the GDPR. There are areas in which the legislation is in conflict with the GDPR where ostensibly they provide for very similar provisions, but there are differences in wording. As I said, there are conflicts in that regard and I will oppose sections on that basis. I do not see anywhere where it is stated in the GDPR that states cannot make an offence the profiling of children's data and create fines. There is nothing in the principles, letter or recitals of the GDPR that makes it apparent to me that there would be a problem in doing so. If there would be, we need some further detail.

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